How long do you have to file AOS after your 90 days are up?

[Delandman 0]

Question I have. How long do you have before you have to get the I-485 form in? 

 

Thank Q,

Craig

[geowrian 22,339]

As long as you marry within the 90 days, you can file for AOS at any point after marriage. There is no time limit to file.

 

After the 90 days of legal status are expired and you have not filed for AOS, you would be out of status and accruing unlawful presence until you file AOS.

[ColoradoBeauty 79]

On 11/13/2017 at 12:53 PM, geowrian said:

You can file after the 90 days....the main thing is being married within the 90 days.

 

Technically she will accumulate unlawful presence after the 90 days. Once she files for AOS, she has authorized stay and stops accumulating unlawful presence. Unlawful presence is ignored for AOS purposes as the spouse of a USC.

[GreatDane 366]

There is no direct time limit, however after the 90 days, you are unlawful and subject to deportation and being banned (length dependent on how long you overstay). You also can't work, re-enter the US, or have a lawful status. The overstay is forgiven if/when you file AOS but if AOS isn't filed - there's a ban and deportation waiting. I would recommend filing sooner, rather than later.

Edited November 15, 2017 by GreatDane

[Delandman 0]

We married before the 90 days. She was just worried about a time line because of how in depth the I-485 is to fill out. Also if we have filled out any thing incorrect do they make you pay the filling fee again? Asking because we went with Rapid visa for our K1 but figured we can do the AOS ourselves. 

 

 

 

[geowrian 22,339]

11 minutes ago, Delandman said:

We married before the 90 days. She was just worried about a time line because of how in depth the I-485 is to fill out. Also if we have filled out any thing incorrect do they make you pay the filling fee again? Asking because we went with Rapid visa for our K1 but figured we can do the AOS ourselves.

You're fine to file at any time then. The sooner, the better....too many posts here on people that held off and are now dealing with complications (new medical needed, marriage issues, etc.).

 

If your filing is incomplete and rejected, you get the payment back. If the filing is complete but gets denied, then you would need to refile and pay a new fee. It's technically possible, but it is not SOP to outright deny a properly filed AOS application without issuing an RFE or NOID first. So if something is missing or they need something else, they would ask for it first.

 

I concur...you can do it yourself.

[AANY 4]

On 11/15/2017 at 12:42 PM, geowrian said:

You're fine to file at any time then. The sooner, the better....too many posts here on people that held off and are now dealing with complications (new medical needed, marriage issues, etc.).

 

If your filing is incomplete and rejected, you get the payment back.

There was an error in our application- which was returned with our payment. We just resubmitted after correcting the error.

Due to the error, we ended up re-submitting later than we wanted (entered Nov 1 '16, Married Dec 17 '16, Filed AOS April 27 '17).

 

In what circumstances might one need a new medical? 

Don't want to get myself worried... from my understanding as long as you file for AOS before the medical expires (one year) one *should* be fine, right?

[geowrian 22,339]

2 minutes ago, Avsiws said:

There was an error in our application- which was returned with our payment. We just resubmitted after correcting the error.

Due to the error, we ended up re-submitting later than we wanted (entered Nov 1 '16, Married Dec 17 '16, Filed AOS April 27 '17).

 

In what circumstances might one need a new medical? 

Don't want to get myself worried... from my understanding as long as you file for AOS before the medical expires (one year) one *should* be fine, right?

Sounds about right.

 

If it's over a year from the old medical, then a new medical is required. Generally, with adjustment from a K-1, they only go by when the I-485 is filed and not when it is approved. If they do need one, they'll ask for it at that time.

[AANY 4]

Just now, geowrian said:

Generally, with adjustment from a K-1, they only go by when the I-485 is filed and not when it is approved. If they do need one, they'll ask for it at that time.

Just to clarify- you're saying that if they need a new medical they'll ask for it when the I-485 is filed? 

[geowrian 22,339]

Just now, Avsiws said:

Just to clarify- you're saying that if they need a new medical they'll ask for it when the I-485 is filed? 

They'll either send an RFE for it or will request it for the interview. But if you file the I-485 within a year of the old medical, I wouldn't worry about it.